Vill. Park Manufactured Home v. Gallegos-Cabrera

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IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

Filing Date: June 17, 2024

No. S-1-SC-39156

VILLAGE PARK MANUFACTURED HOME,

Plaintiff-Respondent,

v.

ERICA GALLEGOS-CABRERA
a/k/a ERIKA GALLEGOS,

Defendant-Petitioner.

CONSOLIDATED WITH
No. S-1-SC-39246

VILLAGE PARK MANUFACTURED HOME,

Plaintiff-Appellee,

v.

ERICA GALLEGOS-CABRERA
a/k/a ERIKA GALLEGOS,

Defendant-Appellant.

ORIGINAL PROCEEDING ON CERTIORARI
Benjamin Chavez, District Judge

New Mexico Center on Law and Poverty
Lindsay Cutler
Maria T. Griego
Sovereign Hager
Albuquerque, NM

New Mexico Legal Aid, Inc.
Thomas Prettyman
Albuquerque, NM

for Petitioner

Vance, Chavez & Associates, LLC
James A. Chavez
Albuquerque, NM

for Respondent

DISPOSITIONAL ORDER OF REMAND

PER CURIAM.

{1} WHEREAS, this matter came on for consideration upon petition for writ of
certiorari to the New Mexico Court of Appeals filed pursuant to Rule 12-502 NMRA in
case number S-1-SC-39156 and certification request from the New Mexico Court of
Appeals in case number S-1-SC-39246;

{2} WHEREAS, the Court having considered the foregoing petition and certification
request and being sufficiently advised issued its writ of certiorari in case number S-1-
SC-39156 on March 2, 2022, and accepted certification in case number S-1-SC-39246
on April 22, 2022;

{3} WHEREAS, on April 22, 2022, the Court consolidated the cases and ordered
briefing on the issues, and on November 7, 2022, the Court held the consolidated
matters in abeyance pending this Court’s disposition in Padilla v. Torres, No. S-1-SC-
35619;

{4} WHEREAS, this Court issued an opinion in Padilla on February 5, 2024,
reversing and remanding that matter to the metropolitan court for a new trial, see Padilla
v. Torres, 2024-NMSC-007, ¶ 2 ___ P.3d ___;

{5} WHEREAS, the Court concludes that the issues presented in this matter are
addressed by the Court’s opinion in Padilla;

{6} WHEREAS, the Court, therefore, exercises its discretion under Rule 12-405(B)
NMRA to dispose of this matter by nonprecedential order; and

{7} WHEREAS, the Court having considered the foregoing and being sufficiently
advised;

{8} NOW, THEREFORE, IT IS ORDERED that the Court’s November 7, 2022, order
is WITHDRAWN as to the abeyance; and
{9} IT IS FURTHER ORDERED that this matter is remanded to the metropolitan
court for a new trial in accordance with Padilla.

{10} IT IS SO ORDERED.

WE CONCUR:

DAVID K. THOMSON, Chief Justice

MICHAEL E. VIGIL, Justice

C. SHANNON BACON, Justice

JULIE J. VARGAS, Justice

BRIANA H. ZAMORA, Justice